Illinois Wrongful Death Statute

Under the Illinois Wrongful Death Act, actions are brought in the names of the personal representatives of the deceased person.  740 ILCS 180/2.

The personal representative has sole control over the litigation and serves the protect the interests of all beneficiaries.  Of course, under the Wrongful Death Act, the amounts recovered are for the exclusive benefit of the surviving spouse and the next of kin of the deceased person.  740 ILCS 180/2.

Under the Illinois Wrongful Death Statute, there are several ways to recover:

• Decedent's felicity, care, attention, and guidance to family members;


• personal services rendered by the decedent around the home;


• decedent's care of children;


• decedent's future earnings;


• decedent's spousal services.


• punitive damages; and


• pecuniary injuries.

Beyond just theories of recovery, skilled plaintiff's attorneys also consider tax consequences, set-offs, and other types of economic considerations.  In the event of a wrongful death because of the negligence of an individual or an entity, contact an experienced attorney.

Future Lost Income: Part II

Two of the most important pieces of evidence used to support a claim for future lost income are testimony of the Plaintiff and testimony of an expert--an expert might testify as to the duration of the injury or the permanence of the injury.  It is the attorney's role to fully articulate the extent of the injured person's future lost income.  A determination of future lost income is done on a person to person basis.

Recoveries for future lost income might include a calculation for advancement in the Plaintiff's job field. For this reason, it is important for personal injury attorneys to conduct a thorough investigation of the Plaintiff's employment.  Important sources of testimony in support of an award for future lost income include: the plaintiff, co-workers, people working in plaintiff's field, and experts who can calculate and project the lost income.

Generally speaking, the recovery for future lost income is the difference between what the plaintiff should've been able to earn and what that plaintiff can earn in the wake of the injury. This calculation is tempered with the concept of reasonable certainty.  A jury's finding must be supported by reasonable proof.

Retaining occupational economist expert is an important way to substantiate claims for future lost income.  This is especially true in wrongful death cases.

At The Law Offices of Adam J. Zayed, P.C., our attorneys make every effort to ensure that our client's receive the compensation they deserve because of diminished ability to work.  If you or a loved one have been injured as a result of medical malpractice, a serious car accident in the Chicago area, or a serious injury such as paralysis, contact an attorney at The Law Offices of Adam J. Zayed, P.C.  We strongly recommend that you contact us via our website or call us at 630.571.0100.

Illinois Train Accidents

Train accidents occur far more frequently in Illinois than in other states.  This is undoubtedly due to the sheer quantity of rail lines in Illinois.

Illinois has well over 7,000 miles of railway lines in Illinois--Illinois ranks second in the nation behind Texas.

If you've ever been caught behind a freight train while driving a car, here's an interesting statistic: Illinois railways move over 500 Tons (nearly 1 trillion pounds) of freight every year.  More than any state in the U.S.

There are over 50 railroad companies operating throughout Illinois including but not limited to:

Common Freight Carriers

• Alton and Southern Railway (ALS)


• Belt Railway of Chicago (BRC)


• Bloomer Shippers Connecting Railroad (BLOL)


• BNSF Railway (BNSF)


• Burlington Junction Railway (BJRY) also operates City of Rochelle Railroad (CIR)


• Canadian National Railway (CN) through subsidiaries Chicago Central and Pacific Railroad (CC), Elgin, Joliet and Eastern Railway (EJE), Grand Trunk Western Railroad (GTW), Illinois Central Railroad (IC), and Wisconsin Central Ltd. (WC)


• Canadian Pacific Railway (CP) through subsidiaries Dakota, Minnesota and Eastern Railroad (DME) and Soo Line Railroad (SOO)


• Central Illinois Railroad (CIRY)


• Chicago–Chemung Railroad (CCUO)


• Chicago, Fort Wayne and Eastern Railroad (CFE)


• Chicago Port Railroad (CPC)


• Chicago Rail Link (CRL)


• Chicago SouthShore and South Bend Railroad (CSS)


• Chicago Terminal Railroad (CTM)


• Crab Orchard and Egyptian Railroad (COER)


• Coffeen and Western Railroad (CAEG)


• CSX Transportation (CSXT) including subsidiary Baltimore and Ohio Chicago Terminal Railroad (BOCT)


• Decatur Junction Railway (DT)


• Eastern Illinois Railroad (EIRC)


• Effingham Railroad (EFRR)


• Evansville Western Railway (EVWR)


• Illinois Railway (IR)


• Illinois and Midland Railroad (IMRR)


• Illinois Western Railroad (ILW)


• Indiana Rail Road (INRD)


• Indiana Harbor Belt Railroad (IHB)


• Iowa Interstate Railroad (IAIS) operates Lincoln and Southern Railroad


• Joppa and Eastern Railroad (JE)


• Kankakee, Beaverville and Southern Railroad (KBSR)


• Kansas City Southern Railway (KCS) including subsidiary Gateway Eastern Railway (GWWE)


• Keokuk Junction Railway (KJRY)


• Manufacturers Railway (MRS)


• Manufacturers' Junction Railway (MJ)


• Norfolk Southern Railway (NS)


• Pioneer Industrial Railway (PRY)


• Riverport Railroad (RVPR)


• Shawnee Terminal Railway (STR)


• South Chicago and Indiana Harbor Railway (SCIH)


• Tazewell and Peoria Railroad (TZPR) operates Peoria and Pekin Union Railway (PPU)


• Terminal Railroad Association of St. Louis (TRRA)


• Toledo, Peoria and Western Railway (TPW)


• Union Pacific Railroad (UP) including subsidiary Southern Illinois and Missouri Bridge Company


• Vandalia Railroad (VRRC)


• Vermilion Valley Railroad (VVRR) operates FNG Logistics Company (FNG)


• Wisconsin and Southern Railroad (WSOR)

Private freight carriers

• Burlington Junction Railway (BJRY)


• Calumet Transload and Railroad


• C&C Railroad


• Chicago Heights Switching operates Bulkmatic Railroad (BTCZ)


• DOT Rail Service


• Kaskaskia Regional Port District (KKRX)


• Mokena Illinois Railroad


• North American Industrial Railway


• Peoria, Peoria Heights and Western Railroad


• Respondek Railroad (RRC)

Passenger carriers

• Amtrak (AMTK)


• Chicago Transit Authority


• Fox River Trolley Museum (Aurora, Elgin and Fox River Electric)


• Illinois Railway Museum


• Metra


• MetroLink


• Monticello Railway Museum


• Silver Creek and Stephenson Railroad


• South Shore Line

Illinois has over 10,883 public highway rail crossings, of these 8,131 are on street level and 2,752 are separated by roads by a bridge.

These statistics can be found at http://www.icc.illinois.gov/railroad/

At The Law Offices of Adam J. Zayed, P.C., we provide the highest level of legal advocacy.  In the unfortunate event of a train accident, it is necesscary to ensure that your rights are protected.  We ask that you strongly consider retaining the services of an attorney at The Law Offices of Adam J. Zayed, P.C. in the event of a train accident.